C-18.1, r. 6 - Regulation respecting stamps for films

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Full text
chapter C-18.1, r. 6
Regulation respecting stamps for films
CINEMA — STAMPS FOR FILMS
Cinema Act
(chapter C-18.1, s. 167).
C-18.1
September 1 2012
DIVISION I
APPLICATION FOR A STAMP
1.General
1. A person applying for a stamp showing the classification of a film must attach to his application a certified cheque or a postal or bank money order payable to the Minister of Finance, in an amount representing the duties payable for the issue of a stamp, as provided for in the Regulation respecting the fees for examination and duties payable under the Cinema Act (chapter C-18.1, r. 1).
O.C. 742-92, s. 1.
2. The person must indicate in his application his name and distributor’s licence number. If he does not hold a distributor’s licence, he must indicate the address of his domicile, his occupation, the address of his establishment and, where applicable, the name and address of his representative.
O.C. 742-92, s. 2.
3. The person must attach to his application a print of the film and a copy of the distribution contract or any other document required by the director of classification under section 79 of the Cinema Act (chapter C-18.1).
O.C. 742-92, s. 3; S.Q. 2016, c. 7, s. 141.
4. The person must indicate the title of the original version of the film, its running time, the year of production, the names of the director and of the producer of the film and the nationality of the production.
O.C. 742-92, s. 4.
5. A person acting on behalf of a company, a partnership or a cooperative who does not hold distributor’s licence must attach to his application a writing attesting to his mandate, as well as the following documents:
(1)  in the case of a company, a copy of its constituting act within the meaning of section 3.1 of the Companies Act (chapter C-38) or a copy of its certificate of incorporation issued under section 8 of the Canada Business Corporations Act (R.S.C. 1985, c. C-44).
(2)  in the case of a partnership or a person operating an enterprise under a name which does not include the person’s surname and given name, a copy of the declaration required under the Act respecting the legal publicity of enterprises (chapter P-44.1);
(3)  in the case of a cooperative constituted under section 13 of the Cooperatives Act (chapter C-67.2), a copy of the articles referred to in that section;
(4)  (paragraph implicitly revoked).
O.C. 742-92, s. 5; O.C. 611-95.
6. An application is duly made on the date on which it is filed with the Minister or on the date it is sent by registered mail.
O.C. 742-92, s. 6; I.N. 2016-01-01 (NCCP); S.Q. 2016, c. 7, s. 138.
7. (Revoked).
O.C. 742-92, s. 7; S.Q. 2016, c. 7, s. 139.
2.
(Revoked)
O.C. 742-92, Sd. 2; S.Q. 2016, c. 7, s. 139.
8. (Revoked).
O.C. 742-92, s. 8; I.N. 2016-01-01 (NCCP); S.Q. 2016, c. 7S.Q. 2016, c. 7, s. 139.
9. (Revoked).
O.C. 742-92, s. 9; S.Q. 2016, c. 7S.Q. 2016, c. 7, s. 139.
10. (Revoked).
O.C. 742-92, s. 10; S.Q. 2016, c. 7S.Q. 2016, c. 7, s. 139.
11. (Revoked).
O.C. 742-92, s. 11; S.Q. 2016, c. 7S.Q. 2016, c. 7, s. 139.
12. (Revoked).
O.C. 742-92, s. 12; S.Q. 2016, c. 7S.Q. 2016, c. 7, s. 139.
13. (Revoked).
O.C. 742-92, s. 13; S.Q. 2016, c. 7S.Q. 2016, c. 7, s. 139.
3.Vouchers and documents required
14. A person applying for a stamp for the exhibition of a film to the public under section 76 of the Act must furnish with his application, at least 15 days prior to the date of exhibition of the film to the public:
(1)  a print of the film, in the format that will be shown, unless the film has already been classified in the same version as that for which the stamp is applied for;
(2)  where the film has been altered, a written authorization from the person empowered to give that authorization and a list of the alterations made to the film;
(3)  an attestation, where applicable, that the stamps applied for are for identical prints or for prints identical to a film already classified;
(4)  an attestation, where applicable, that prints of the film dubbed in French will be available for operators of premises where films are exhibited to the public at the same time as prints of the version of that film in a language other than French;
(5)  a contract, where applicable, stipulating that the film will be dubbed in French in Québec as well as proof that the person charged with carrying out the contract has been provided with the necessary means to do so;
(6)  an attestation, where applicable, that no version of the film dubbed in French exists;
(7)  if that person is acting on behalf of a company, partnership or a cooperative that does not hold a general distributor’s licence and is applying for a stamp for a Québec film as defined in section 11 of the Regulation respecting the fees for examination and duties payable under the Cinema Act (chapter C-18.1, r. 1), he must indicate the address of the domicile of each senior executive, director or partner and of each shareholder holding more than 10% of the company’s capital stock.
O.C. 742-92, s. 14.
4.Standards of integrity, technical quality and eligibility
15. A print of a film must meet the following standards of integrity:
(1)  its duration must be identical to that of the official version approved in the country of origin, subject to any alterations authorized by the person empowered to give such authorization;
(2)  the title must appear on the screen and must conform to the title mentioned in the distribution contract or in any other document submitted to the director of classification;
(3)  if the film is intended for exhibition to the public, the title in a version subtitled in French, and the title and the credits in a version dubbed in French, must be written in French.
O.C. 742-92, s. 15; S.Q. 2016, c. 7, s. 141.
16. A print of a film must meet the following standards of technical quality:
(1)  it must not have any technical defects in sound, picture or editing;
(2)  it must not be a working copy, a laboratory copy or an incomplete copy.
O.C. 742-92, s. 16.
17. A print of a film must meet the following standards of eligibility:
(1)  it must not contain any offers to sell, lease, lend or exchange films in violation of the first paragraph of section 102 of the Act;
(2)  it must not contain any pictures foreign to the work, except trailers for films or advertising.
O.C. 742-92, s. 17.
18. Where a print of a film does not meet the standards of integrity, technical quality or eligibility, an application for a stamp for that print or for any identical print shall be refused and the print shall be returned to the applicant.
A new application may be filed with the director of classification in accordance with this Division for another print of the film or, where applicable, for the same print with the appropriate alterations.
O.C. 742-92, s. 18; S.Q. 2016, c. 7, s. 141.
DIVISION II
INFORMATION, QUALIFICATIONS AND INDICATIONS
19. The information, qualifications and indications that may appear on a stamp for a film, in addition to the classification, are the following:
(1)  for children;
(1.1)  not advisable for young children;
(2)  coarse language;
(3)  eroticism;
(4)  violence;
(5)  horror;
(6)  explicit sex.
O.C. 742-92, s. 19; O.C. 8-95, s. 1; O.C. 868-97, s. 1.
DIVISION III
METHODS OF AFFIXING A STAMP
20. The sticker furnished by the director of classification on which the stamp for a film appears must be affixed in the following manner:
(1)  in the case of a 35 mm or 70 mm film, on the protective band at the beginning of the first reel of the film; the stamp number must be affixed to the film, beyond the leader;
(2)  in the case of a 16 mm film, inside the cover of the film case; the stamp number must be affixed to the film, beyond the leader;
(3)  in the case of a film on videocassette, on the videocassette or on the packaging if the videocassette is intended for retail sale;
(4)  in the case of a film on videodisk, on the container of the videodisk; the stamp number must be affixed to the centre label of the videodisk.
O.C. 742-92, s. 20; S.Q. 2016, c. 7, s. 141.
DIVISION IV
EXTENSION OF A TEMPORARY STAMP
21. A holder of a temporary stamp issued by the director of classification under paragraph 4 of section 83 of the Act who applies for an extension thereof under section 83.1 of the Act must send to the director of classification, at least 15 days prior to the expiry of the stamp, an application indicating:
(1)  the title of the film;
(2)  the number of the temporary stamp;
(3)  a copy of the contract for the dubbing of the film in French;
(4)  proof that the person charged with carrying out the contract has been provided with the necessary means to do so;
(5)  the reasons why the film cannot be dubbed in French prior to the original expiry date of the temporary stamp;
(6)  the extension period required.
O.C. 742-92, s. 21; S.Q. 2016, c. 7, s. 141.
22. (Revoked).
O.C. 742-92, s. 22; S.Q. 2016, c. 7, s. 139.
DIVISION V
REVIEW OF THE CLASSIFICATION OF A FILM
23. (Revoked).
O.C. 742-92, s. 23; S.Q. 2016, c. 7, s. 139.
24. Upon receipt of an application to review the classification of a film and of payment of the fees for examination provided for in the Regulation respecting the fees for examination and duties payable under the Cinema Act (chapter C-18.1, r. 1), the director of classification shall send the review application to the review committee in accordance with the third paragraph of section 90.11 of the Act.
O.C. 742-92, s. 24; S.Q. 2016, c. 7, s. 140.
DIVISION VI
(Revoked)
O.C. 742–92, Div. VI; S.Q. 2016, c. 7, s. 139.
25. (Revoked).
O.C. 742-92, s. 25; S.Q. 2016, c. 7S.Q. 2016, c. 7, s. 139.
26. (Omitted).
O.C. 742-92, s. 26.
27. (Omitted).
O.C. 742-92, s. 27.
REFERENCES
O.C. 742-92, 1992 G.O. 2, 2742
O.C. 8-95, 1995 G.O. 2, 150
O.C. 611-95
O.C. 868-97, 1997 G.O. 2, 3692
S.Q. 2010, c. 7, s. 282
S.Q. 2016, c. 7, ss. 138 to 141